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RAVINDRA MAITHANI
Pradeep Kumar – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
Applicant is in judicial custody in Case Crime No. 17 of 2022, under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Tharali, District Chamoli. He has sought his release on bail.
2. Heard learned counsel for the parties and perused the record.
3. Delay Condonation Application Nos.2 of 2024 is allowed. Delay in filing the supplementary counter affidavit is condoned. Supplementary counter affidavit is taken on record.
4. This second bail application of the applicant. The first bail application was dismissed in want of prosecution on 13.01.2023.
5. According to the FIR, on 16.04.2022, 1.025 Kg. charas was allegedly recovered from the possession of the applicant.
6. Learned counsel for the applicant would submit that allegedly recovered charas was in the strips, out which, 50 gram sample was allegedly taken, but it is not clear as to whether sample was taken from each strip or it was taken randomly. Therefore, it is argued that it cannot be said that entire recovered article had charas in it. In support of his contention, learned counsel has placed reliance on the principles of law, as laid down by the Hon’ble Supreme C
The prosecution must provide clear and representative evidence that all recovered narcotic substances contain the narcotic in question to establish possession beyond reasonable doubt.
A representative sample is essential for establishing possession of narcotic substances under the Narcotic Drugs and Psychotropic Substances Act, and failure to provide such a sample can lead to the ....
The necessity for the prosecution to provide a representative sample in narcotics cases to establish possession beyond reasonable doubt.
The prosecution must prove that the sample taken from recovered narcotics is representative of the total quantity to establish possession beyond reasonable doubt.
The court established that prolonged detention without trial and lack of witness examination can justify the granting of bail, even in cases involving serious charges under the Narcotic Drugs and Psy....
The right to a timely trial and the conditions under which bail may be granted under the NDPS Act, emphasizing that prolonged detention without trial can lead to the granting of bail.
The court established that prolonged custody without trial and lack of witness examination can warrant the granting of bail, even in cases involving serious charges under the NDPS Act.
Thee amount of contraband, recovered from the respondent, cannot be held more than that which was sent to Chemical Analyst and was affirmed by Forensic Science Laboratory as a contraband.
The central legal point established in the judgment is the application of Section 37 of the NDPS Act, which applies when a commercial quantity of contraband is to be delivered to the accused, and the....
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